DUNBARTON PLANNING BOARD
WEDNESDAY, OCTOBER 19, 2005
TOWN OFFICES – 7:00 PM
The regular monthly
meeting of the Dunbarton Planning Board was held at the above time, date and
place with Chairman James Marcou presiding.
The following members were present:
James Marcou, Chairman
Brian Nordle, Co-Chairman
Alison R. Vallieres, Secretary
Mert Mann, Selectman
Kenneth Swayze, Admin., Planning and Zoning
Department
Michael Poirier
David Breault
Terry Swain, Alternate
Larry Cook, Conservation Commission
John Trottier, Chairman, Zoning Board of Adjustment
Public Meeting Notice:
The Chairman verified
with the Secretary that the Public Meeting Notice had been posted in three
public places throughout the Town and also published in the Concord Monitor. In addition, the Public Notice was posted on
the Dunbarton Web Page.
APPROVAL OF PREVIOUS MEETING MINUTES: WEDNESDAY,
September 21, 2005
Brian Nordle amended the minutes to show that he also voted for the High Density Tree for the Cell Tower. The minutes were amended accordingly.
A motion was made, seconded and passed unanimously to accept the minutes of the September 21, 2005 Planning Board Meeting as amended by Brian Nordle.
7:00 P.M. - PUBLIC HEARINGS:
GERALD GELINAS AND DONALD PERKINS (B2-1-1 & 2) PROPOSED TWO LOT SUBDIVISION AND LOT LINE ADJUSTMENT LOCATED ON GORHAM POND ROAD IN THE LOW DENSITY DISTRICT IN DUNBARTON, NH
At this point in the meeting, Michael Poirier
stepped down from the Board because of abutter status.
It was noted for the record that the Selectmen had
granted a 90 day extension for this project but this is the last extension the
Selectmen would be willing to grant.
Kenneth Swayze reported on the Gelinas/Perkins
Proposed Lot Line Adjustment and Subdivision and noted that it had been at the
Planning Board for well over a year. He
submitted a Status Report for the project
(attached). It was also noted for
the record that the Department of Environmental Services, (Carl Woodbury) had
submitted a letter concerning laboratory results for soil samples stating that
no soil removal would be required by DES (attached).
It was noted for the record that Jacques Belanger,
Surveyor, had done another updated survey of the property.
The Dunbarton Planning Board noted that the applicant, Gelinas has, to date, voluntarily disposed of over a hundred vehicles. There are only 17 unregistered vehicles remaining on the property. In addition, the box cars will be removed. The junkyard will be discontinued.
Ken Swayze noted both Mr. Gelinas and Mr. Perkins have cooperated in all aspedcts of cleaning up the property so it could be residentially subdivided.
The three items the Planning Board needed to address
were as follows:
1. Buffer Area
J. Marcou stated he would like to see a 50 foot no
cut zone as a buffer area. There is
presently 99 feet between the shop building and the new lot line.
2. Number of vehicles, both registered and unregistered, that could be left on the site.
Don Perkins stated that the applicant has indicated
he would like to be able to have 10 unregistered vehicles on the property for
parts, repairs, etc. This would not include personal
vehicles. There are presently six
vehicles which are registered for personal use.
Ken Swayze noted that the Board had discussed the
possibility of allowing 8-10 unregistered (and operable) vehicles.
The Dunbarton Planning Board reached a consensus that no more than ten (10) unregistered vehicles and ten (10) registered vehicles for a total of twenty (20) would be allowed on the Gelinas property. This would mean that the applicant needs to remove seven (7) more unregistered vehicles from the property plus the box cars before the final plan could be signed, etc. The Planning Board wants to make sure this doesn’t become a salvage yard by default.
3.
Right of Way to Kuncannowet Forest.
(Noted this will be between the Selectmen’s Office
and controlling interest.) The landowner
will work with the Town/Kuncannowet Committee.
The Dunbarton Planning Board noted that Gerry
Gelinas has a gate with a lock across the existing right of way. Fred Mullen, Kuncannowet Committee, has noted
that Mr. Gelinas has always been very cooperative about allowing access and
there has never been a problem.
J. Marcou asked if there appeared to be a need to
move the right of way out of the center of the lot to back along the property
line.
It was agreed that the right of way was satisfactory
where it is presently located, but there could always be future
discussion.
Board
Discussion:
Mert Mann stated that everything was fine with him.
Brian Nordle stated that it was fine with him also.
David Breault stated he felt it was a good move for
the Town by getting rid of the junkyard.
Michael Poirier stated as an abutter he felt it was
“beautiful”.
Larry Cook, Conservation Commission, stated that the
Conservation Commission had signed off on the Perkins Wetland Crossing the
previous day. Had no problems with the
project.
Terry Swain stated it seems like a good thing.
Comments from
the Public:
NONE
MOTION:
Kenneth Swayze made a motion to approve the proposed lot-line adjustment and
Two-lot subdivision (#04-012) between Gerald and Debra Gelinas (Tax Lot
B2-01-02) and Donald Perkins (Tax Lot B2-01-01) creating a nominal 12-acre lot
(new) and a remaining 37-acre lot with an existing residence and existing
commercial business use, located on Gorham Pond Road in the Low Density
Residential (5-ac.) District, subject to the following conditions:
1.) Submittal of a final, technically accurate and
graphically correct plan-set in full compliance with all current subdivision
regulations and incorporating any and all additional requirements established
during deliberations with the Board (per minutes, per status reports, etc.).
2.) Approval and receipt of all
other required local, State, or Federal permits, including, but not limited to,
N.H. Wetlands. There shall be no change(s) to the base plan(s) without
re-consultation with the board, as a result of such other permit approvals.
3.) Payment of all
fees and costs associated with the Dunbarton Planning Board application
process.
4.) That all specified work and improvements at the site,
as specified by the Land Subdivision Regulations, be completed prior to the
signing and filing of the mylar (i.e.: survey monumentation, etc.); or a surety
be posted in favor of the Town, in an amount adequate to complete such work as
required.
5.) That all endeavors and operations related to
automotive recycling yards and junkyards, as defined and regulated under N.H.
R.S.A. 236:111 thru 129, shall cease and be discontinued at the premises; and
that all structures, sheds, containers, and other components, as identified
and/or ordinarily associated with such use, be removed from the site, prior to
the filing of the approved plan.
6.) That any continuing and otherwise remaining business
use be limited to those functions ordinarily associated with an automotive
service, repair, and limited sales facility, carried out within existing
structures and locations at the premises, or as otherwise limited by the
approved plan. There shall be only one business operation, under one form of
ownership.
There shall be no other business uses at the premises without the
requisite approvals of the appropriate departments and/or Boards.
7.) That the outside storage of motor vehicles, inclusive
of the general outside placement or presence of all motor
vehicles, shall be limited to a maximum of twenty (20) vehicles, a portion of
which shall not exceed ten (10) unregistered vehicles. This includes both
operable and inoperable vehicles, and is regardless of ownership status.
Vehicles intended for the on-going removal of components and parts, or
appearing as such, shall be kept inside.
8.) That there shall be no further expansion of any
existing, or allowed business use, or any other limited use described under
this approval, with regard to increased intensity of use and/or expanded area
or location, without approval from the Dunbarton Zoning Board of Adjustment and
Planning Board.
9.) That there shall be consideration for “buffer conditions” between the new, proposed
residential lot and the remaining mixed residential/business use on Lot
B2-01-02, consisting of a fifty (50) ft. no-cut buffer, clearly shown on the plan.
10.) That the premises be subject to inspection and
review by NH DES Solid Waste Division as to discontinuance of the junkyard and
subsequent use for residential subdivision.
11.) That all corrective work and removal operations
at the premises, as identified by the Planning Board as within the scope of
this approval, be undertaken and completed, to the satisfaction of the Town,
prior to the signing and filing of the mylar.
12.) Preparation, Submittal and filing of all Deeds,
easements, legal instruments, and/or other documents required or intended to be
filed at the Merrimack County Registry of Deeds; in such content and form
acceptable to the Town.
13.) Wetlands Conservation District boundary
verification by the Conservation Commission.
14.) That Town legal counsel review and approve the
final plan to be filed at the Registry
of Deeds.
Brian Nordle seconded the motion. The motion passed unanimously.
At this point, Michael Poirier stepped back to
the Board.
OLD BUSINESS: NONE
NEW BUSINESS:
RECEIPT
AND ACCEPTANCE OF NEW APPLICATIONS BY THE DUNBARTON PLANNING BOARD; FOR
COMPLETION.
NONE
OTHER BUSINESS:
LAMONTAGNE (STINSON HILLS, LLC, MANSION ROAD) : REDUCTION IN SURETY BOND
Kenneth Swayze reported that Lamontagne (new
owner) presently was working with a $485,000 bond in
place. They have almost completed 2,950
feet of road including pavement. They are also in the process of putting in the
cistern which is part of Phase I. They
are presently able to obtain building permits.
They would like to “roll” the bond into the next phase. They are presently working at their own risk
for Phase II and III. They are doing a
good job with the road. There have been
no “founded” complaints with the exception of one complaint of the trucks
starting too early in the morning. This
has been taken care of.
The Planning Board agreed with the “rolling over” of the $485,000 bond into Phase II with all costs and values to be assessed on a current basis.
CIP PROGRAM – UPDATE
David Breault, Chairman of the CIP Program, reported
on the progress. He noted there will be
a meeting on Tuesday, October 25, 2005 and November 8, 2005 between 6:00 p.m.
and 9:00 p.m. He stated it will probably
be completed within three meetings. Will
be looking at a possible December approval by the Planning Board. He noted it was a good tool for the Board
down the road.
The Planning Board noted they should include the
yearly management fee in the budget for Central New Hampshire Regional Planning
so the CIP will be a continuing program for the Town.
SUBDIVISION REGULATIONS, SITE PLAN REVIEW REGULATIONS, AND ROADS:
Site Plan Review Regulations:
Ken Swayze reported that it was very important for
the Planning Board to update the existing Site Plan Review Regulations because
of possible upcoming Multi-Family Housing projects, etc.
The Board noted they would like to make sure monies
are available for the updating of the Site Plan Review regulations.
Ken Swayze is to contact Central New Hampshire
Regional Planning Commission to see if they are interested in doing the job;
formal proposed will be requested.
Subdivision
Regulations:
The Board noted they still felt the Subdivision
Regulations needed updating as soon as possible.
Scenic
and Class VI Roads Standards:
It was noted there was a Committee established at
the last meeting to review road issues, etc.
The Committee is as follows:
James
Marcou, Chairman, Planning Board
Mert
Mann, Selectmen’s Office/Planning Board
Brian
Nordle, Planning Board
Alison
Vallieres, Planning Board
Kenneth
Swayze, Planning Board
Larry
Cook, Conservation Commission
George
Holt, Conservation Commission
John
Trottier, Chairman, Zoning Board
(All
other interested and potential members are welcome to attend)
It was
noted they will plan to have the first workshop meeting on Wednesday, November
2, 2005 at 7:00 p.m. at the Town Offices.
SELECTMEN’S OFFICE:
Mert Mann reported
the following information:
1.
Gregg Scarlett,
GPS, appeared at the Selectmen’s Meeting requesting guidance and assistance of
how he was going to be able to put in the road for his subdivision off Old Mill
Brook Road because it was too narrow, etc.
The Selectmen advised him he had to produce
engineering for the proposed road and then the Town Engineer would review the
plans. The Town is not funding
engineering for subdivision roads.
2.
Tax Rate has
not been set as yet. Department of
Revenue has notified Towns that all of Cheshire County must be done first.
There
being no further business, the meeting adjourned at 8:10 p.m.
Respectfully
submitted,
Alison
R. Vallieres, Secretary